Subchapter
003
:
ACCESS TO PUBLIC RECORDS

(a)(1) As used
in this section, "promptly" means immediately, with little or no
delay, and, unless otherwise provided in this section, not more than three
business days:

(A) from
receipt of a request under this subchapter; or

(B) in the case
of a reversal on appeal by a head of the agency pursuant to subsection (c) of
this section, from the date of the determination on appeal.

(2) A
custodian or head of the agency who fails to comply with the applicable time
limit provisions of this section shall be deemed to have denied the request or
the appeal upon the expiration of the time limit.

(b) Upon
request, the custodian of a public record shall promptly produce the record for
inspection or a copy of the record, except that:

(1) If the
record is in active use or in storage and therefore not available for use at
the time the person asks to examine it, the custodian shall promptly certify
this fact in writing to the applicant and, in the certification, set a date and
hour within one calendar week of the request when the record will be available.

(2) If the
custodian considers the record to be exempt from inspection and copying under
the provisions of this subchapter, the custodian shall promptly so certify in
writing. The certification shall:

(A) identify
the records withheld;

(B) include
the asserted statutory basis for denial and a brief statement of the reasons
and supporting facts for denial;

(C) provide
the names and titles or positions of each person responsible for denial of the
request; and

(D) notify the
person of his or her right to appeal to the head of the agency any adverse
determination.

(3)
[Repealed.]

(4) If a
record does not exist, the custodian shall promptly certify in writing that the
record does not exist under the name given to the custodian by the applicant or
by any other name known to the custodian.

(5) In unusual
circumstances as herein specified, the time limits prescribed in this section
may be extended by written notice to the person making the request setting
forth the reasons for the extension and the date on which a determination is
expected to be dispatched. No such notice shall specify a date that would
result in an extension for more than ten business days from receipt of the
request or, in the case of a reversal on appeal by a head of the agency
pursuant to subsection (c) of this section, from the date of the determination
on appeal. As used in this subdivision, "unusual circumstances" means
to the extent reasonably necessary to the proper processing of the particular
request:

(A) the need
to search for and collect the requested records from field facilities or other
establishments that are separate from the office processing the request;

(B) the need
to search for, collect, and appropriately examine a voluminous amount of
separate and distinct records that are demanded in a single request; or

(C) the need
for consultation, which shall be conducted with all practicable speed, with
another agency having a substantial interest in the determination of the
request or among two or more components of the agency having substantial
subject matter interest therein, or with the Attorney General.

(c)(1) Any
denial of access by the custodian of a public record may be appealed to the
head of the agency. The head of the agency shall make a written determination
on an appeal within five business days after the receipt of the appeal.

(2) If the
head of the agency upholds the denial of a request for records, in whole or in
part, the written determination shall include:

(A) the
asserted statutory basis for upholding the denial;

(B) a brief
statement of the reasons and supporting facts for upholding the denial; and

(C)
notification of the provisions for judicial review of the determination under
section 319 of this title.

(3) If the
head of the agency reverses the denial of a request for records, the records
shall be promptly made available to the person making the request.

(d) In
responding to a request to inspect or copy a record under this subchapter, a
public agency shall consult with the person making the request in order to
clarify the request or to obtain additional information that will assist the
public agency in responding to the request and, when authorized by this
subchapter, in facilitating production of the requested record for inspection
or copying. In unusual circumstances, as that term is defined in subdivision
(a)(5) of this section, a public agency may request that a person seeking a
voluminous amount of separate and distinct records narrow the scope of a public
records request.

(e) A public
agency shall not withhold any record in its entirety on the basis that it
contains some exempt content if the record is otherwise subject to disclosure;
instead, the public agency shall redact the information it considers to be
exempt and produce the record accompanied by an explanation of the basis for
denial of the redacted information.

(f) If a
person making the request has a disability which requires accommodation to gain
equal access to the public record sought, the person shall notify the public
agency of the type of accommodation requested. The public agency shall give
primary consideration to the accommodation choice expressed by the requestor,
but may propose an alternative accommodation so long as it achieves equal
access. The public agency shall provide accommodation to the person making the
request unless the agency can demonstrate that accommodation would result in a
fundamental alteration in the nature of its service, programs, activities, or
in undue financial and administrative burden.

(g) The
Secretary of State shall provide municipal public agencies and members of the
public information and advice regarding the requirements of the Public Records
Act and may utilize informational websites, toll-free telephone numbers, or
other methods to provide such information and advice.

(h) The head
of a State agency or department shall:

(1) designate
the agency's or department's records officer described in 3 V.S.A. § 218, or
shall designate some other person, to be accountable for overseeing the
processing of requests for public records received by the agency or department
in accordance with this section; and